Replacement dwellings in the Countryside
We published a new Chief Planning Officer's Advice Note on Barn Conversions and Replacement dwellings in the Countryside in February 2023. It replaced the previous guidance note on replacement dwellings in the countryside.
You can find all our Chief Planning Officer Notes on our Planning Policy Guidance webpage.
Permitted development rights in respect of agricultural buildings
Converting agricultural buildings to dwellings - Class Q development
New Class Q legislation came into force on 21 May 2024. The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2024 (legislation.gov.uk). Any applications on or after this date, will be subject to the new rules.
If your application was submitted before 21st May, please refer to old legislation. The Town and Country Planning (General Permitted Development) (England) Order 2015 (legislation.gov.uk).
These Permitted Development rights:
- have been created to support sustainability
These permit agricultural buildings to be converted to up to ten dwelling houses. The amount of space you can convert has increased to 1,000 m². However the maximum size of any dwelling is now 150 m². Therefore in order to have ten new dwellings under Class Q, each one will need to be 100 m² each. (An increase from the previous 5 units and 865 square metres).
Note, that until the end of 20th May 2025, you may apply for any development which would have been compliant with the old legislation. You will not however benefit from the extensions under the new legislation. (see below)
You can now extend to the rear of the barn or agricultural building by up to 4m on any hard surface which was present on or before 24th July 2023 or if it didn’t exist on that date has existed for at least 10 years.
A range of conditions and criteria need to be met. These are set out in the Regulations.
The changes will support the agricultural sector and rural communities by providing;
- further flexibility for farmers to undertake works on their agricultural units,
- enable development of former agricultural buildings,
- farm diversification and
- deliver new homes without having to submit a planning application.
The Government wishes to help rural development. But it is not without limitations. These are to limit the impact of such development on the countryside. Safeguarding clauses include:
- landscape designations
- tenant farms
- safe development and occupation of such dwellings.
Please see our Class Q Prior Notification Guidance Note for more information.
Changing agricultural buildings to flexible use - Class R notifications
This notification should be used for the change of use of an agricultural building and land within its curtilage to a flexible commercial use falling within
- Class B2 (General Industrial) from 21 May 2024*
- Storage or distribution (Class B8)
- Hotels (Class C1)
- Commercial/Business/Service (Class E)
- Class F2(c) (Outdoor sport and Recreation) from 21 May 2024
- For the provision of agricultural training from 21 May 2024
provided that it complies with the relevant criteria of Schedule 2 Part 3 Class R of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).
* The new B2 (general industrial) Use Class is restricted to the processing of raw goods, excluding livestock, which are produced on the site and are to be sold on the site, together with goods ancillary to the processing of those raw goods.
Any external building works will require planning permission.
After the site has changed under Class R it will be treated as ‘Sui Generis’, which means no specific use class. Any future changes to C3 or C4 for example will require full planning permission.
However, as it will be converted under ‘flexible use’, you can apply again under class R to convert the building to another use within the six uses listed above.
Where the cumulative floor space of the building or buildings to be changed does not exceed 150 square metres, the developer must simply inform the Local Planning Authority of:
- the date the site will begin to be used for any of the flexible uses
- the nature of the use or uses
- and include a plan indicating the site and which buildings have been changed.
Where the cumulative floor space exceeds 150 square metres (but does not exceed 1000 square metres), the developer must submit a 56 day notice to the Planning Authority for prior approval.
The developer shall apply to the Local Planning Authority for a determination as to whether the prior approval of the authority will be required as to:
- Transport and highways impacts of the development
- Noise impacts of the development
- Contamination risks on the site
- Flooding risks on the site.
You can download the application form on the Planning Portal website.
A valid application needs to consist of the following:
- a completed application form
- the relevant fee
- a plan indicating the site and showing the proposed development
- a site-specific flood risk assessment in an area within Flood Zone 2 or Flood Zone 3; or in an area within Flood Zone 1 which has critical drainage problems.
The Government has issued further guidance on the conversion of agricultural buildings. Please refer to the Government website for further detail: When is permission required? - GOV.UK (www.gov.uk)
Erection or extension of agricultural building for agricultural purposes
You can find this information on our Planning guidance for businesses webpage. Please view the 'Other guidance for businesses' section and select the 'Farming' option.
Annexe Guidance Note
Residential annexes are a common form of development. They can allow relatives to live with their family with a degree of independence. Annexes are considered to be acceptable by the Council in many cases. Please note:
- applications for residential annexes can vary a great deal
- you need to support these applications with sufficient evidence.
This ensures that applications do not result in proposals which are effectively the same as creating a new dwelling. Officers use the Annexe Guidance Note (January 2024) to assess proposals. Please note:
- the guidance does not have the weight of "adopted policy"
- it provides consistency in our approach
- it aims to help agents and applicants do the same.
Use Class factsheet
You can find more information on the changes to use classes using this link: Use Class factsheet.
Telecommunications installations and permitted development
The telecoms advice note provides background information to the public regarding permitted development for telephone masts etc as there’s quite a lot being erected as part of the Project Gigabit fibre broadband project at the moment.
The advice note provides background information on the legislative framework for new telecommunications development, including common projects that may take place on residential streets. Answers to frequently asked questions about telecommunications development can be found at the end of the note.
Guidance on access and facilities for Fire Service
Cornwall Council Building Control, Planning and the Fire & Rescue Service have produced guidance on water supplies for firefighting and access for fire appliances.
